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Medicine: 'reasonable' does not mean 'mainstream' (Max Mehlman, JD)



 
 
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Old September 27th 03, 05:40 PM
Todd Gastaldo
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Default Medicine: 'reasonable' does not mean 'mainstream' (Max Mehlman, JD)


ATTN: American Academy of Spine Physicians/AASP (neurosurgeons and
chiropractic physicians)...

"It is...important to realize that 'reasonable' does not mean 'mainstream.'"
--Maxwell J. Mehlman, JD, Cyberounds® (www.cyberounds.com)

OPEN LETTER (archived for global access***)

Maxwell J. Mehlman, JD
Professor of Law
Co-Moderator
Health Law and Bioethics
Cyberounds® (www.cyberounds.com)


Attorney Max,

I read your Cyberounds® article, "Legal and Ethical Challenges in Clinical
Use of Complementary and Alternative Medicine [CAM]."
http://www.cyberounds.com/conferences/health_law/ (Someone posted the whole
thing to the Zaleski/Dubin censored chirolist.)

I was pleased to see that deep in your article you indicate - in effect -
that...

MAINSTREAM MEDICINE is Complementary and Alternative Medicine (CAM).

BRAVO!

Bravo also for indicating that NEGLIGENCE PER SE -- OVERWHELMING RISK OF
LIABILITY, as in,

"Clearly the fact that the intervention lacks scientific evidence of safety
and efficacy does not make its use negligent per se. If that were the case,
providers of mainstream care themselves would face an overwhelming risk of
liability, since many of their interventions have never been tested under
adequate and well-controlled conditions."

NEGLIGENCE PER SE

MD-obstetrician interventions (American medicine's most frequent surgical
behaviors) ARE negligence per se!!

MD-obstetricians provide massive amounts of OBVIOUSLY CRIMINAL "mainstream
care" that is obviously criminal Complementary and Alternative Medicine
(CAM).

MD-obstetricians are CLOSING BIRTH CANALS - senselessly!

As I noted in a recent Open Letter to Wang et al. (reproduced below):

The American College of Obstetricians and Gynecologists/ACOG *admits* in its
shoulder dystocia video that OBs are routinely closing birth canals (the
video purports to show OBs how to open the birth canal when shoulders get
stuck).

Bizzarely, the ACOG method for opening the birth canal - PROPER McRoberts
maneuver - actually keeps the birth canal closed.

See IMPROPER McRoberts can save tiny lives and tiny limbs...
http://groups.yahoo.com/group/chiro-list/message/1308

PLEASE NOTE MAX: I do mean MDs are CLOSING birth canals. To a baby whose
shoulders are stuck, the birth canal is indeed CLOSED - and MDs aren't
helping by KEEPING birth canals closed when shoulders get stuck!

NOTE TOO: "It is established obstetric teaching that a narrow pelvic outlet
predisposes to a difficult vaginal delivery..."
--Ass-Ärztin Dr. Andrea Froschauer-Frudinger et al. [Br J Obstet Gynaecol
2002;109(11):1207-12]

You write: "...the first question is whether the individual is practicing
medicine without a license; if so, he or she could be subject to criminal
prosecution."

MD-obstetricians are practicing medicine WITH licenses. They should
IMMEDIATELY be subject to criminal prosecution - the sooner the better as
babies' lives are at stake.

NOTE: To speed an end to obvious MD birth crimes, I am in favor of pardons
in advance for MDs. MDs are just academic prime cuts forced through this
culture's most powerful mental meatgrinder - medical school.

I have suggested that Pres. GW Bush's Practicing Physicians Advisory
Committee advise Pres. Bush to pardon MDs in advance.

See Feds (Motsiopoulos/CMS/PPAC/Pres Bush) to help babies?
http://groups.yahoo.com/group/chiro-list/message/2178

LIABILITY: THE REASONABLE PATIENT STANDARD FOR CAM PRACTITIONERS...

Max, you write that,

"A competent patient...must be adequately informed about the risks and
benefits of CAM and...available, reasonable alternatives....the prevailing
standard is that the patient must be given the information that a reasonable
patient would need, which the fact-finder must determine without the aid of
expert testimony."

OBVIOUSLY...

Since "reasonable patients" would conclude that MD-obstetricians are
criminal practitioners of CAM whose interventions are negligence per se...

Before anymore crime occurs, each "reasonable patient" (each pregnant woman)
needs to know that MD-obstetricians are CAM practitioners who
NEGLIGENTLY/routinely close birth canals.

Before anymore crime occurs, each "reasonable patient" (each pregnant woman)
needs to know that MD-obstetrician EXPERTS are "scientifically"
COVERING-UP-up the obvious crime with overt lies and covert lies - i.e. -
obviously bogus "scientific" research.

BOGUS "SCIENTIFIC" RESEARCH BY MD-OBSTETRICIANS...

You praise organized medicine for turning to science, as in your statement:
"Hence the call for more 'evidence-based medicine."

Please always to mention obviously bogus "scientific" research of
MD-obstetricians whenever you praise organized medicine for being
"evidence-based."

MD-obstetrician "evidence-based medicine" is a funny thing...

Two TOP "evidence-based medicine" proponents - Iain Chalmers and Murray
Enkin - both trained as obstetricians - IGNORED me when I pointed out that
MD-obstetricians have been drawing conclusions by stupidly "scientifically"
studying deliveries with birth canals senselessly closed. IN THIS REGARD...
Not long ago, MD-obstetricians "scientifically" determined that all term
breech babies should be taken surgically (abdominally) - after stupidly
"scientifically" studying deliveries with birth canals seneslessly closed!

MD-obstetricians have CLOAKED themselves in "science" - cloaked themselves
in PHONY "evidence-based medicine" - mothers and babies be damned.

MD-obstetricians have not been held LIABLE (yet) for their obvious
criminally negligent behavior in part because of organized medicine's
"everyone ELSE is a quack" game now transmogrified into a "nicer" version of
the same game - the "everyone else is a **CAM practitioner**" game.

Max, you are helping organized medicine play this grisly game.

Please STOP helping organized medicine play this grisly game.

MDs are CRIMINAL CAM practitioners hiding behind the REASONABLE PRACTIONER
liability standard, as in your statement:

"[L]iability will depend on whether [the MD] has behaved the way a
reasonable practitioner would behave under the same circumstances."

This is the crookedly inertial "community norm" standard of determining
whether medical negligence has occurred.

Richard Ikeda, MD of the California Medical Board once AGREED with me that
MD-obstetricians are closing birth canals but said there was nothing the
Calif. Medical Board could do about it - because ALL MD-obstetricians were
closing birth canals!

Max, MD-obstetricians - MAJOR practitioners of CAM - obviously CRIMINAL CAM
practioners - can only be held liable when mucky-muck attorneys like
yourself stop helping them cover-up their massive crimes with organized
medicine's "everyone ELSE is a quack" game.

It is "nice" that the game has now been transmogrified into a "nicer"
"everyone else is a **CAM practitioner**" version...

But not really...

In "nicely" sliming my profession of chiropractic - you failed to mention
NON-SPINAL chiropractic adjusting (education).

What follows is further non-spinal chiropractic adjusting...

My goal is for this non-spinal chiropractic adjusting to save tiny lives and
and tiny limbs and PREVENT more putative vertebral subluxations than
chiropractic physicians will ever be able to adjust by hand.

Onward...

Yale Medical School researchers (Wang et al.) - mentioned above - recently
wrote:

"[23% of] surgical patients...use[d]...chiropractic treatment..."
--Shu-Ming Wang, MD, Alison A. Caldwell-Andrews, PhD, and Zeev N. Kain, MD
[Anesth Analg. 2003 Oct;97(4):1010-5. PubMed abstract]

I responded:

OPEN LETTER (archived for global access***)

Shu-Ming Wang, MD
Alison A. Caldwell-Andrews, PhD
Zeev N. Kain, MD
Departments of Anesthesiology, Pediatrics, and. Child Psychiatry
Yale University School of Medicine
New Haven, Connecticut.



Dear Shu-Ming, Alison and Zeev,

I see you are discussing chiropractic treatment and surgical patients.
Great!

Don't forget: NON-SPINAL (educational) chiropractic treatment can PREVENT
American medicine's most frequent surgical behaviors.

American medicine's most frequent surgical behaviors are rather obvious
CRIMES...

American medicine's most frequent surgical behavior toward males involves
American MDs obviously illegally slic[ing] infant PENISES...

See Johns Hopkins breast/vagina/penis power! (How America can INSTANTLY save
$200 million per year...)
http://groups.yahoo.com/group/chiro-list/message/2108

American medicine's most frequent surgical behavior toward females involves
American MDs obviously illegally slash[ing] VAGINAS en masse (euphemism
"routine
episiotomy")...

Why is mass vagina slashing by MDs obviously illegal?

There is an underlying more gruesome crime...

American MDs are surgically/FRAUDULENTLY inferring they are doing everything
possible to OPEN birth canals - even as they CLOSE birth canals up to 30%.

See VULVA vs. VAGINA (episiotomy anatomy - again)
http://groups.yahoo.com/group/chiro-list/message/2085

Yes I do mean MDs are CLOSING birth canals...

To breech baby with a trapped after-coming head - to a baby with her/his
shoulders stuck - the birth canal is indeed CLOSED.

Incredibly, MDs recently studied breech births with birth canals senselessly
closed and thereby "scientifically" determined that singleton breech
presentations should be taken surgically.

See Hannah et al.'s term breech tomfoolery/Gherman et al.'s fetal radiation
fraud
http://groups.yahoo.com/group/chiro-list/message/1306

The American College of Obstetricians and Gynecologists/ACOG *admits* in its
shoulder dystocia video that OBs are routinely closing birth canals (the
video purports to show OBs how to open the birth canal when shoulders get
stuck).

Bizzarely, the ACOG method for opening the birth canal - PROPER McRoberts
maneuver - actually keeps the birth canal closed.

See IMPROPER McRoberts can save tiny lives and tiny limbs...
http://groups.yahoo.com/group/chiro-list/message/1308

"It is
established obstetric teaching that a narrow pelvic outlet
predisposes to a difficult vaginal delivery..."
--Ass-Ärztin Dr. Andrea Froschauer-Frudinger et al. [Br J Obstet Gynaecol
2002;109(11):1207-12]

UNNECESSARY C-SECTIONS...

American MDs senselessly closing birth canals CAUSE cephalopelvic
disproportion and failure to progress - then perform cesearean sections
BEcause of cephalopelvic disproportion and failure to progress...

UNNECESSARY FORCEPS & VACUUM USE...

Some babies are dying... OBs are killing an estimated six babies per DAY
with vacuum-assisted spinal
manipulation alone - with birth canals senselessly closed up to 30%...

See USUAL MECHANISM (PS5) in my article, "Pregnant chiro patients: BIZARRE
chiro legislation - babies be damned..."
http://groups.yahoo.com/group/chiro-list/message/2135

UNNECESSARY EPIDURAL AND OXYTOCIN/CYTOTEC USE...

With birth canals senselessly closed, MDs are forcing uteri to PUSH on
babies' spines. In many births, MDs force uteri to push VIOLENTLY - with
oxytocin and/or Cytotec - with birth canals senselessly closed up to 30%.
Women BEG for epidurals.

(Don't get me wrong - I am NOT saying here that medical and surgical birth
interventions are not necessary - just that it makes NO sense to close the
birth canal and then offer medical and surgical interventions.)

END excerpt of Gastaldo's Open Letter to Wang et al.


BACK TO MAX...

You ask at the end of your essay:

Q. Does a physician have to inform a patient about CAM?
http://www.cyberounds.com/conferences/health_law/

YES!!! MD-obstetricians (and mucky-muck attorneys) must inform patients
that: 1) MD-obstetricians are CAM practitioners who NEGLIGENTLY/routinely
close birth canals and that 2) MD-obstetrician experts are "scientifically"
COVERING-UP the obstetric crime with overt lies and covert lies - i.e. -
obviously bogus "scientific" research.

MAX: Your use of the word physician helps MDs in their pretense that their
quackery is special - something that deserves protection...

Your use of the word physician helps MDs in their attempt to dominate the
power word "physician" in order to continue their anti-scientific,
anti-competitive domination of health care.

"Physic"ians no longer believe their own theory of autointoxication via the
bowel - the reason for their "physic"...

Physician is just a word now - a POWER word that is being grossly abused to
perpetuate crime.

See A 'physic' for Dr. Israeli/'Physic'ian Orac, MD, PhD: Did he get his PhD
out
of a cereal box?
http://groups.yahoo.com/group/chiro-list/message/2158

(I am pleased that some neurosurgeons are acknowledging chiropractic
physicians by joining the American Academy of Spine Physicians/AASP.)

Finally Max, I note from your bio that you write and lecture on BIOETHICS
including "the just allocation of resources" and "the quality of medical
care."
http://www.cyberounds.com/moderators/health_law/

BILLIONS in resources are *illegitimately* being allocated solely to MD/DO
criminals whose "quality of medical care" SUCKS.

See Awesome breasts! OBs causing otitis media? (also: 'Osteopathic'
v. 'Chiropractic' manipulation)...
http://groups.yahoo.com/group/chiro-list/message/2159

Some babies are dying Max...

OBs are killing an estimated six babies per DAY
with vacuum-assisted spinal
manipulation alone - with birth canals senselessly closed up to 30%...

See USUAL MECHANISM (PS5) in my article, "Pregnant chiro patients: BIZARRE
chiro legislation - babies be damned..."
http://groups.yahoo.com/group/chiro-list/message/2135

Please help stop MDs from closing birth canals and gruesomely (sometimes
fatally) manipulating most babies' spines...

Thanks for reading,

Sincerely,

Todd

Dr. Gastaldo


Copied to:

Harry Levy, MD
Executive Editor
Cyberounds® (
www.cyberounds.com)



Bio Harry Levy, M.D. is the Executive Editor for Cyberounds®. A graduate of
Columbia, Harry received his M.D. from NYU, his M.P.H. from Yale and is
board certified in preventive medicine. He is also the author of medical
thrillers, his latest, Chain of Custody, was published in 1998 by Random
House.

PS1 Harry, wow, you are BOARD CERTIFIED in preventive medicine! BRAVO!

ALL chiropractic physicians are ASSUMED to be board certified in preventive
chiropractic - or so I say...

Be advised Harry: Your profession's banner preventive measure -
vaccination - is being FRAUDULENTLY PROMOTED - via the Exclusion Day
financial vaccination cattleprod.

Your profession has got to stop telling parents seeking vaccination
exemptions that only THEIR healthy children will be sent home during disease
outbreaks.

Since some vaccinations do not immunize - and we do not know which children
were not immunized by their vaccinations - ALL parents must be told that ALL
children will be sent home during disease outbreaks.

Exclusion Day vaccination fraud endangers vaccinated children!

Exclusion Day is not the only preventive/immunization-related fraud your
profession is perpetrating.

There is also the matter of ostensibly "pro-immunization" MDs lying by
omission to DENY massive numbers of babies massive numbers of free daily
immunizations.

MDs are failing to tell America that breastfeeding women scan for pathogens
and manufacture IMMUNIZATIONS which they "inject" with their breasts daily.

The kicker: Breastimmunizations reportedly make MD-needle vaccinations work
better!

ASK YOURSELF HARRY: What woman - explicitly informed that she can IMMUNIZE
her baby daily - is going to fail to at least attempt to breastfeed - esp.
given that breastimmunizations reportedly make MD-needle vaccinations work
better?

Damned few! The medical profession that drove the immunization rate WAY
down by "scientifically" addicting America to bottlefeeding is mysteriously
missing an opportunity to drive the immunization rate way back up!

In addition to committing mass PHYSICAL child abuse (senselessly closing
birth canals, etc.)...

Organized medicine is committing mass IMMUNOLOGIC child abuse!

See CDC puppet (Wexler's IAC) promotes Exclusion Day
vaccination fraud...
http://groups.yahoo.com/group/chiro-list/message/2170

NOTE: I am NOT opposed to vaccination. I am ADAMANTLY IN FAVOR of
vaccination - as long as parents are informed of the risks and offered TRUE
CHOICE.

PS2 Since some people are still reading... : )

Here's my PS to Wang et al...it concerns my PASSION...ending The Great Squat
Robbery...

The only thing crazier than MDs closing birth canals up to 30% is The Great
Squat Robbery - Western culture robbing children of a fundamental human rest
posture that can double for girls - if it is not robbed - as a fundamental
DELIVERY posture - one that OPENS the birth canal up to 30%...

NOTE: Women do NOT have to squat to open their birth canals the "extra" up
to 30%. Side-lying will do. So will standing. So will kneeling. So will
hands-and-knees... Ask an experienced homebirth midwife.

Regarding The Great Squat Robbery...

When Eve-Line Boule, chercheur associé at CÉPAM wrote:

"[S]quatting was a regular behavior used until the end of the Middle Ages,
and after this period a progressive decrease occurs..."
[Am J Phys Anthropol 2001 May;115(1):50-6]

I replied:

The Great Squat Robbery that started in the Middle Ages starts anew in
elementary
schools every year!

My passion - working to stop the Great Squat Robbery - happens to intersect
with my PRIORITY mentioned above: stopping MDs from closing birth canals...

The Great Squat Robbery was, in effect, used by obstetricians (Gardosi et
al.) to "explain" routine
closure of birth canals up to 30%!

BIZARRE FACTOID: Nobody squatted in Gardosi et al's 1989 Lancet
"randomised controlled trial of squatting."

WHY are we letting our culture rob our children of an innate rest posture as
MDs (Gardosi et al.) use this robbery as an excuse for *another* robbery
that
is totally senseless?

See Sarah Key's huge balls (also: Kids can SQUAT motionless for hours)...
http://groups.yahoo.com/group/chiro-list/message/2084

END Gastaldo's PS to Wang et al.


Thanks for reading, everyone,

Sincerely,

Todd

Dr. Gastaldo


Copied to: ACA Chairman James Edwards, DC at


Copied also to: ACA Member Brian Zaleski, DC at
.

Brian, please copy this to the censored version of chirolist
) and to the ACA and CCA listservs

***This Open Letter will be instantly archived for global access on the
UNcensored version of chirolist...
http://groups.yahoo.com/group/chiro-list/message/2181

Within 24 hours it
will be in the google archive. Search
http://groups.google.com for "Medicine: 'reasonable' does not mean
'mainstream' (Max Mehlman, JD)"



 




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